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(영문) 서울동부지방법원 2019.05.30 2019고단33
교통사고처리특례법위반(치상)
Text

Defendant shall be punished by a fine of KRW 700,000.

Where the defendant fails to pay the above fine, one hundred thousand won shall be one day.

Reasons

Punishment of the crime

The defendant is engaged in driving a B-End-Wurd-Wed-Wed Motor Vehicle.

On May 19, 2018, the Defendant driven the above vehicle around 16:25 on May 19, 2018, and passed the sidewalk to move to a road at the parking lot of the Songpa-gu Seoul Metropolitan Government Residents Center 2 Dong-dong.

In such cases, a person engaged in driving of a motor vehicle has a duty of care to temporarily stop immediately before driving the motor vehicle, and prevent accidents in advance by preventing the passage of pedestrians from being obstructed after examining the right and the right and the right.

Nevertheless, the Defendant neglected this and followed the body of the victim C who was galed on the sidewalk by negligence while driving the sidewalk at an aesthetic speed. However, the Defendant shocked the body of the victim C with the back of the vehicle driving.

As a result, the defendant suffered multiple injuries to the above victim due to occupational negligence, which requires approximately two weeks of treatment.

Summary of Evidence

1. Each legal statement of the witness C and D;

1. Statement to C by the police;

1. C's statement on the occurrence of traffic accidents;

1. Application of Acts and subordinate statutes to a survey report, a medical certificate, and a medical treatment certificate;

1. Article 3 (1) and the proviso to Article 3 (2) 9 of the Act on Special Cases concerning the Settlement of Traffic Accidents concerning Criminal Facts, Article 268 of the Criminal Act;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Judgment on the assertion by the defendant and his/her defense counsel under Article 334(1) of the Criminal Procedure Act

1. The summary of the argument is that the victim's body is shocked with the back part of the defendant's vehicle.

2. The following circumstances acknowledged by the evidence duly adopted and investigated by this court, namely, ① the victim consistently testified from the investigative agency to the lower part of the Defendant vehicle to the court that the lower part of the lower part of the body was faced with. The circumstances at the time of the accident are detailed, and ② the victim came from May 20, 2018, the following day after the accident.

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